Monday, June 20, 2011

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Does it make sense for anyone to file for GC anymore from India,China.Looks it will take a person 10year on an average and paying for ED/AP will cost around 7000usd for 10 years:)

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minimalist

10-18 11:55 AM

Based on information I gathered,we need to have original 485 filing receipt to be able to use EAD for extending drivers licence. One question I would like to explore is has any one had success requesting a 485 receipt from USCIS?.I researched on the topic and called USCIS also and the answer I found is that USCIS will not reissue 485 receipt notice.I would like to see if any IVians have a different experience.

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ponvas

08-10 05:24 PM

This mustang may be GC or citizen holder already . Want to have fun with people who are crying for help!!!

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k_usa

12-16 11:32 AM

DMV people just look at the expiry date.

As pending 485 do not have expiry date they won't accept it as status.

We must get this addressed. Write to the DMV to sort this out. Pending 485 is a valid status and that needs to be sorted out.

Apart from the 'parsing email and assigning case to officer' it is true. Also it is for Texas Service Center only. I have the AILA document that shows how to do this. It is AILA InfoNet Doc No. 08103067. Ask your lawyers of that!

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stevensjd

04-28 11:59 AM

My wife came at JFK airport on AP in AI flight BOM to NYC. she did not have any issue at all. She was on H1b until Aug 2008. After laid off she is on EAD and AP. She is not working since then.

I was worried that they may ask couple of questions but it was very smooth.

I have been working for a University for the last 3 yrs(2005-2008). The H1 they have is quota exempted and is non transferable. In 2006 a consultant A offered me a job and filed for H1b in the quota it has got approved.But due to certain reasons i have not joined them and still continued it the university job. In 2008 i got an another job oppurtunity with an another consultant B. They filed a H1 transfer from company A to Company B ,showing my university h1 that i am still in status.This H1 application by company B got denied and i have left the university job. Can i join the company A because they have an H1 approved in my name in oct 2006. I contacted consultant A and they still have not cancelled the H1 they have in my name. Thank you for the help

YOu were in status until you were with the University. Did you start working with Company B pending approval. In that case you MAY be in status while you were working there. You are certainly out of status since your h1b is denied. Make sure you are not accumulating > 180 days.

USCIS denial seem to be consistent with the fact that you cannot transfer from cap-exempt to cap based job. Even though you petitioned from Company A to B, your H1 in use was from the University.

It should be possible to go back to Company A, assuming it is still valid and it has I-94 attached to it. The case is slightly complex, and a paid telephone consultation with a good attorney will be money well spent.

LuDs are trivial. Sometimes there are LuDs on cases for no apparent reason.

I have had LuDs on my approved 140 even when there was nothing to begin with. Nothing pending since 140, no 485, no H1 extension. Even then there was LuD on 140.

No one really knows what LUD really indicates. Because there is really no pattern in LUDs on cases. NONE.

Rather than asking other blind men to lead you, why dont you take it upon yourself and find out for once and for all.

Let's say LUDs, or lack thereof are bothering you so much that you are losing sleep over it. You are trying to connect dots over LUD, fingerprinting and EAD etc. If you really want something so badly, why dont you stand up and fight for it and ask for it. I am not asking you to help IV or contribute funds or join state chapters. If you dont want to join state chapters, then dont. But atleast, for your own good, if something bothers you so much, then do something for yourself. Get an appt with ASC and find out what LUD means. Fly to Washington DC, go to directors of operations at USCIS headquarters and ask them what LUD means and why isnt there more transparency in online status. Why do we have to connect dots with LUDS and whey cant there by step-by-step update of each petition. GO AND FIGHT FOR YOURSELF.

Sitting here and asking other people, who dont know anything more than you do, is the same thing as one blind man asking another blind man to cross the street because the blind man is too lazy and to shy to ask someone with eyesight for a favor.

Again, I am not doing this to goad you into state chapter or funds. Or joining IV. Dont want to do what IV asks, then dont. But atleast do something FOR YOURSELF. Drive to DC, sit in USCIS HQ and ask them for something better than LUDs.

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mwin

11-27 10:26 PM

From murthy: http://www.murthy.com/news/UDac21qa.html#1

Question 2 : I lost my job before the 180-day period. Can I still use portability? TOP

Quite possibly, provided the I-485 remains in pending (unadjudicated) status for at least 180 days. It is the I-485 processing time that is important, not when the beneficiary changes positions. This is because the "green card" (GC) is based upon a future job offer. The person is not required to have worked for the GC-sponsoring employer prior to filing or obtaining the GC. Accordingly, it appears the AC21 law did not intend to change the prior law, which only requires a future job offer with respect to the GC sponsorship in employment-based cases. Please refer to the disclaimer at the end of this page, since, at the time of this writing, the regulations have not been published.

Depends. If you filed under new fees structure, why pay more and travel to Mumbai if you do not reside in Mumbai. Its a waste of time. On the other hand , if you filed under old fees structure, then H1 fees are much lesser than AP fees. So that would make sense?

Also how many times more are you going to go out of country on H1 again?

I am saying this from experience. My wife was not granted H1 in India recently. They are issuing high number of 221(g)s and she had to return on AP. So consider all this and apply. If you get 221(g) , ask for the passport to be returned without talkin too much (or mentioning AP). It could result into loss of money and frustration in India.

If you are in the same job and have paid for AP already, I dont know why you need H1, unless you dont want to renew AP/EAD.

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yabadaba

06-14 08:04 PM

lets say we dont apply for ead and ap now...will that affect filing ead and ap in the future if the priority dates retrogress?

Is paystub needed When a person is on H1B and is out of project when AOS on 485.

I'm also in similar situation - my current project will also end by Mar 30th and its tough getting a new Project outside since my employer wants to make big money out of me (they keep fat margins) .... My H is valid till Sep 10 but it doesn't matter as soon as the current employer cancels it or asks u to go out of the country.

Do a H transfer immediately with some other company so that u remain in status...

Then file GC with that new company. GC can't be filed on your own - The PERM Labor and I-140 must need a employer and the 3rd stage I-485,EAD,AP you can file on your own.

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vikramy

11-19 07:39 PM

^^^^

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pd_recapturing

06-17 02:27 PM

Today, I just saw in one of the threads in that a guy received his GC last week. He chnaged jobs twice on AC21. So dont worry, you can change jobs n number of times.

sertasheep

03-25 11:18 AM

<EDIT> added hyperlink to Enquiro Report </EDIT>

Chidanand Rajaghatta is a guy who spends time in different countries and writes about his travails. Obviously, he's not completely educated on this, and I guess may be we could take this opportunity to make him and TOI aware of our efforts.

I have sent out the following email.(between asteriskes). I'll post any responses I may(will I?) receive.

**********************

Dear Mr. Rajaghatta, and Editor,

I have been a consistent reader of your articles on your travels the world over. The headline for your latest article seemed a little sensational to me, without any mention of the word "Illegal".

The NRI community(read "legal immigrants" and "legal immigrant applicants") are aware of the new Guest Worker program proposed by Mr. George Bush, but it doesn't really affect the Indian diaspora at all, because majority of us are in the US legally.

The article seemed out of context and irrelevant in a esteemed publication such as TOI. Why don't you instead write about current issues that are plaguing the NRI community? Those would be directly relevant to the concerns of affected NRIs and would draw more readers to you.

I have recently concluded a research paper(as part of my Masters program) on the inefficiencies of the US Immigration system, and its impact on applicants, especially from countries such as India and China. The outdated workflows and holes in the Immigration system have led to endless waits and affected many immigration applicants, thereby impacting US economy in terms of tax dollars, jobs lost to overseas(outsourcing), and subsequently, loss of precious foreign exchange to the home countries of these applicants.

Applicants are forced to spend precious time and effort in speculating and predicting the outcome of their immigration benefits. As per a Internet search engine study, (See Enquiro Search Engine Report, Aug 2005 http://www.enquiro.com/net-profit/Murthy-vs-Goliath.asp ), it is the website of a US Immigration Lawyer (across all practices) that gets the most eyeballs(hits), worldwide! This is testimony to the fact that several hours are spent by applicants in anticipation and speculation.

I would more than willing to collaborate and share these thoughts with you, to fuel your interest further.

May I also draw your attention to some of the grass-roots organizations fighting for these causes? One notable organization is "Immigration Voice" which is gaining great momentum.(www.immigrationvoice.org)

Best Regards

************

"Celebrate, Have Faith and Maintain Hope"--the byline of a popular immigration attorney. Isn't this quite true?

harish

08-20 07:53 PM

Application was mailed on 06/25/07 to NSC, but my case got transfered to TSC. My receipt number begins with SRC....